How To Read The Bankruptcy Code Of American Law

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1 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN LOCAL RULES Effective October 1, 1998

2 TABLE OF CONTENTS RULE Bankruptcy Petition and Schedules 1 RULE The Matrix 3 RULE Amendment of Petition and Schedule 3 RULE Court and Case Assignment 5 RULE Filing Authorization For Corporations, Partnerships and Entities 7 Other Than Individuals RULE Debtor's Non-appearance at Meeting of Creditors 7 RULE Documentation at the Meeting of Creditors 8 RULE Application Filed Pursuant to F.R.Bankr.P RULE Application for Approval of the Employment of a Professional 9 RULE Prohibited Conduct in Connection With the Appointment of an 10 Attorney, Accountant, or Agent for Official Committees RULE Quarterly Income and Expense Statements in a Chapter 13 Case 10 RULE Procedure Upon Plan Completion 10 RULE Form and Content of an Application for the Award of Professional 11 Fees and Expenses in a Case Under Chapters 7, 9, 11 and 12 RULE Form and Content of an Application for Additional Attorney's Fees 14 and Expenses in a Chapter 13 Case RULE Intervention 15 RULE Tax Returns in a Chapter 13 Case 16 RULE Secured Claims Which Are Not Modified by a Chapter 13 Plan 16 RULE Chapter 13 Proof of Claim 16 RULE Deadline for Filing a Proof of Claim or Equity Security Interest 17 in a Chapter 11 Case RULE Objection to Claim 17

3 RULE Classification in a Chapter 11 Plan 17 RULE The Chapter 13 Plan 17 RULE Modification of Plan in a Chapter 13 Case 19 RULE Confirmation of Chapter 13 Plan 20 RULE Obtaining Approval of Disclosure Statement 21 RULE Duties of Proponent of Plan After Approval of Disclosure Statement 21 RULE Proofs at an Uncontested Confirmation Hearing in Chapter 11 Cases 22 RULE Claims To Be Paid by the Chapter 13 Trustee 22 RULE Motion for Relief from the Stay 22 RULE Motion for Use of Cash Collateral or to Obtain Credit 23 RULE Federal Tax Refunds in a Chapter 7 Case 24 RULE Implementation of Code 521(2) -- Statement of Consumer 24 Debtor's Intentions in a Chapter 7 Case RULE Service on the United States Trustee 24 RULE Return of Copies 24 RULE Transcripts 25 RULE Photography, Recording Devices and Broadcasting 25 RULE Transactions Requiring the Payment of Money 25 RULE Use, Sale or Lease of Property of the Estate Other Than Cash Collateral 25 RULE Sale by a Chapter 13 Debtor 26 RULE Disposition of Books and Records of Debtor in a Chapter 7 Case 26 RULE Additional Service of Adversary Complaint in a Chapter 7 27 or Chapter 11 Case RULE Motion Practice in an Adversary Proceeding 27

4 RULE Joint Final Pretrial Order and Preparation of Exhibits 27 RULE Mediation 30 RULE Adjournment of Pretrial Conference, Hearing, or Trial 31 RULE Discovery and Disclosures Required by F.R.Civ.P RULE Dismissal of Complaint Objecting to the Discharge of the Debtor 32 RULE Default Judgment 32 RULE Deposit and Withdrawal of Funds in Interest Bearing Accounts 33 in the Registry of the Court RULE Appeal 34 RULE Caption and the Filing of Papers 34 RULE Reduction or Enlargement of Time for Taking Action 35 or Filing Schedules, Chapter 13 Plans and Other Papers RULE Appearance Before the Court and at Code 341 Meeting of Creditors 36 RULE Sanctions 38 RULE Service on Chapter 13 Trustee and Proof of Service 39 RULE Motion Procedure Generally 39 RULE Effect of Jury Trial Demand 41 RULE Settlements 41 RULE Orders and Judgments in Adversary Proceedings and 41 Contested Matters RULE Motion to Alter or Amend Order or Judgment or for Rehearing 43 or Reconsideration RULE Rules of Procedure 43 RULE Applicability of Amendments 44 Old Number to New Number Table 45

5 New Number to Old Number Table 49

6 RULE Bankruptcy Petition and Schedules (a) Entireties Exemption. A married debtor who claims property as exempt pursuant to tenants by the entireties law shall state whether each debt listed on schedule D, E or F is joint with the nonfiling spouse or is the separate debt of the debtor. Any debt listed on schedule D, E or F which does not clearly indicate that the debt is the sole debt of the filing spouse shall be deemed to be a joint debt of the debtor and the spouse for purposes of determining the allowability of the debtor's claim of exemption pursuant to state entireties law. (b) Number of Copies. Petitions and schedules shall be filed in the following quantities: (1) chapter 7, 12 and 13 petitions: an original and 3 copies; and (2) chapter 9 and 11 petitions: an original and 5 copies. (c) Notice to Holders of Disputed, Contingent or Unliquidated Claims in a Chapter 11 Case. Upon filing the schedules in a chapter 11 case, the debtor shall serve upon all creditors whose claims are listed in the schedules as disputed, contingent or unliquidated a notice stating: Your claim is scheduled as disputed, contingent or unliquidated. Therefore, your claim is not deemed allowed. If you choose to file a proof of claim, the deadline for doing so is 90 days after the date first set for the meeting of creditors called pursuant to Code 341(a) unless a different deadline is fixed by order of the Court. Upon filing an amended schedule reclassifying or adding a claim as disputed, contingent or unliquidated, a debtor shall serve a copy of the amendment on the affected creditor and promptly file a proof of service. (d) Failure to Timely File Initially Required Documents. If the debtor fails to timely file the schedules, statement of affairs or other necessary documents, and also fails to timely move for an extension prior to the deadline for filing those documents, the debtor's voluntary petition for relief may be dismissed without a hearing unless, within 20 days after the petition is filed, a party in interest files a written request for a hearing. If a party in interest files a timely request for a hearing, the clerk will set the matter for hearing upon notice to any creditor who requested it, the debtor and the trustee. (e) Social Security and Tax Identification Numbers. The caption of the petition shall disclose all social security and tax identification numbers used by the debtor(s) within the past 6 years. (f) Pro Se Declarations. In cases where the debtor is not represented by an attorney, the debtor 1

7 shall file with the clerk a "Declaration Under Penalty of Perjury for Debtor(s) Without An Attorney" as prescribed by the Court. The declaration form shall be filed within 15 days after the date of the filing of the voluntary petition. (g) Chapter 13 Cases (1) The debtor shall file an original and 3 copies, except as otherwise noted, of each of the following papers: (A) the chapter 13 plan; (B) within 15 days after the petition is filed, a proposed payment order, providing that the debtor's employer or any other party obligated to remit funds on a regular basis to the debtor pay a certain amount per pay period to the trustee; or in the alternative, a motion for an order excusing entry of such an order; (C) an application and proposed order authorizing payment of filing fee in installments (if needed); and (D) a serial filing disclosure, if applicable. (2) The debtor shall serve a true copy of the payment order upon the trustee who shall serve a true copy on the debtor's employer and/or other appropriate entities. (3) The debtor shall serve a copy of the plan upon the trustee, all creditors and other parties in interest, and shall promptly file a proof of such service. (h) Additional Disclosures in Serial Filings. (1) A serial filing is defined as a case in which at least one of the debtors has been a debtor in a case filed or pending under title 11 within 6 years preceding the date of filing the current case. (2) A debtor in a case that is a serial filing shall, with the petition, make the following disclosures, to the best of debtor's knowledge and belief: (A) the disposition of the prior case(s); (B) the name of the attorney(s) representing the debtor in the prior case(s), if different from the current case; (C) fees paid or proposed to be paid to the debtor's current attorney for all legal services rendered in the present case; 2

8 (D) fees paid or due to the attorneys for each past bankruptcy case; and (E) a statement of the specific change(s) in circumstances which led the debtor to reasonably believe that the current plan will be successful. RULE The Matrix A voluntary bankruptcy petition, whether filed with or without schedules, shall be accompanied by a matrix (an original and one copy) listing the names, addresses and zip codes of the United States trustee, and then, in alphabetical order, all creditors. The names, addresses and zip codes of the debtor(s) and counsel for the debtor(s) shall not appear on the matrix. The matrix shall comply with guidelines available from the clerk. In chapter 11 cases, the debtor shall also submit a separately labeled matrix listing the names, addresses and zip codes of equity security holders. When any department or agency of the United States is listed in the matrix, the matrix shall also include the United States Attorney for the Eastern District of Michigan (Attention: Civil Division) and that label shall also designate the other agency or department listed. The matrix address for the office of the United States Attorney shall correspond to the court location where the petition is filed, and all subsequent service on the United States Attorney shall be at that address. When the Internal Revenue Service is listed as a creditor, the matrix shall include the address of the Special Procedures Branch of the Internal Revenue Service located at Detroit, Michigan. When any other agency or department of the United States is listed, the proper address as obtained from the United States Attorney's Office shall be stated. A debtor who has more than 100 creditors shall provide to the clerk a computer disk bearing the information required above in a format to be prescribed by the clerk instead of submitting a printed matrix. All other debtors are encouraged to do the same. RULE Amendment of Petition and Schedule (a) Procedure. An amended petition, schedule, statement of financial affairs, statement of income and expenses, matrix and summary of assets and liabilities shall be accompanied by a statement of the purpose the amendment is intended to serve. The amended document shall contain an original signature by the amending party. If several documents are contemporaneously amended, 3

9 the amending party may attach to the amended documents one signed affirmation relating to all of the amended pages in the same form as required on the original documents. (b) Service of Amendment. The debtor shall serve a copy of the amendment and the statement of the purpose of the amendment upon the trustee and all other entities affected by the amendment, and shall promptly file a proof of service. (c) Adding an Omitted Creditor Earlier Than 10 Days Before the Code 341 Meeting. A debtor who, earlier than 10 days before commencement of the Code 341 meeting of creditors, amends a schedule to add a creditor not previously listed thereon, may do so simply by complying with paragraphs (a) and (b), above. (d) Adding an Omitted Creditor Later Than 10 Days Before the Code 341 Meeting. (1) If an amendment adding a creditor is made later than 10 days before the commencement of the Code 341 meeting of creditors, then: (A) any time fixed for the filing of complaints under Code 523 or Code 727, pursuant to F.R.Bankr.P and 4004 respectively, or to object to the debtor's claim of exemptions, pursuant to F.R.Bankr.P. 4003(b), shall automatically be extended to allow such creditor the same number of days in which to file such a complaint or objection as the creditor would have had if the creditor had been properly scheduled at the outset of the case; and (B) unless the Court orders otherwise, the creditor added by the amendment shall be entitled to examine the debtor under oath with any reasonable expense to be borne by the debtor. (2) Adding a creditor's name to a schedule does not necessarily affect whether the debt owed to the creditor was, is, or will be discharged in the present case. A determination from this Court regarding the dischargeability of the debt of an added creditor shall be sought in an adversary proceeding under Code 523(a)(3). (3) A debtor who, later than 10 days before the commencement of the Code 341 meeting of creditors, amends a schedule to add a creditor not previously listed thereon shall, in addition to a copy of the amended document pursuant to paragraph (b) above, serve a notice containing a copy of this paragraph (d) of this Rule. 4

10 RULE Court and Case Assignment (a) Court Locations. The work of the Court is divided among 3 court locations as follows: Detroit: Jackson, Lenawee, Macomb, Monroe, Oakland, St. Clair, Sanilac, Washtenaw, and Wayne Counties; Flint: Genesee, Lapeer, Livingston, and Shiawassee Counties; Bay City: Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Gladwin, Gratiot, Huron, Iosco, Isabella, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, and Tuscola Counties. (b) Place of Filing. Except for petitions filed pursuant to Code 304, a voluntary or involuntary petition initiating a bankruptcy case shall be filed at the court location for the county in which the domicile, residence, principal place of business, or principal assets of the person or entity that is the subject of such case have been located for the 180 days immediately preceding such commencement, or for a longer portion of such 180-day period than the domicile, residence, principal place of business, or principal assets of such person were located in any other court location; provided however, a petition may be filed at the court location where a companion case was filed. (c) Companion Cases. Companion cases are cases involving: (1) identical individuals or entities; (2) a corporation and any majority shareholder thereof; (3) affiliated corporations; (4) a partnership and any of its general partners; (5) an individual and his or her general partner; (6) an individual and his or her spouse; or (7) any substantial identity of financial interest or assets. (d) Disclosure of Companion Cases. When a companion case, as defined in paragraph (c), above, has had a prior or pending case in any bankruptcy court, a petition commencing a case shall be accompanied by or supplemented within 15 days by a verified disclosure of the following information: (1) the name of the debtor in each companion case and the date each such companion case was filed; (2) the case number and chapter of each companion case; (3) the district and division in which each companion case is or was pending; 5

11 (4) the judge to whom each companion case was assigned; (5) the current status of each companion case; and (6) the manner in which the cases are related. (e) Assignment to Judges. (1) A petition filed at or transferred to Detroit shall be assigned to a judge by a blind draw system adopted by the Court except that a companion case shall be assigned to the judge to whom the first companion case was assigned or to the judge who is appointed to fill the vacancy of that judge. (2) A petition filed at Bay City or Flint shall be assigned to the judge responsible for these court locations. (3) All adversary proceedings arising in a case shall be assigned to the judge to whom the case is assigned. If the case in which the adversary proceeding arose is pending in another district, the adversary proceeding shall be assigned in accordance with the assignment practices of the court location where the adversary proceeding is filed. (4) When a judge enters an order for recusal with respect to a case, a particular matter arising therein, or an adversary proceeding, reassignment shall be by blind draw to a judge at Detroit. (5) If any matter requires urgent or immediate attention and the judge to whom the matter has been assigned is not or will not be available, then the clerk shall assign the matter to another judge available at Detroit by blind draw. (f) Reassignment of Bankruptcy Cases or Proceedings. Consolidated or jointly administered cases pursuant to F.R.Bankr.P shall normally be reassigned to the judge having the case with the lowest filing number. To facilitate the administration of the Court's docket and for good cause shown, a case or proceeding may be reassigned by the chief judge from one judge to another judge with the consent of the judges involved. (g) Transfer of Case or Proceeding. (1) Upon notice and hearing, a judge may, in the interest of justice or for the convenience of the parties, transfer a case or proceeding filed in a proper location to any other court location within the district. (2) If a case is filed in an improper court location, a judge may transfer it to a proper court location on stipulation of the debtor and the United States trustee or upon motion of the United States trustee 6

12 or any party in interest. RULE Filing Authorization For Corporations, Partnerships and Entities Other Than Individuals In a case commenced by a voluntary petition for relief, filed by a corporation, partnership or entity other than an individual, a copy of the duly attested resolution or other appropriate filing authorization shall be filed by the debtor within 15 days after the filing of such petition. RULE Debtor's Non-appearance at Meeting of Creditors (a) If a debtor fails to appear at a meeting of creditors, notice to creditors of the trustee's intent to file a motion to dismiss the case may be provided by an announcement at the meeting of creditors. The announcement shall advise that: (1) the trustee is filing a motion to dismiss the case for the debtor's failure to attend the meeting; (2) that if a creditor opposes the motion or seeks a hearing thereon, the creditor must file and serve on the trustee an objection or request for a hearing within 5 days from the meeting date; and (3) that if an objection or request for a hearing is not timely filed and served, the Court may enter an order dismissing the case without a hearing. The trustee shall promptly file a proof of such oral notice with the motion to dismiss. (b) The debtor shall file and serve a written response to the motion within 5 days after the service of the motion. The response shall contain affidavits or declarations of persons with actual knowledge of any facts explaining or justifying the debtor's failure to appear at the meeting of creditors together with any documentary corroborating evidence. (c) If the debtor fails to timely respond and no creditor timely objects or requests a hearing, the trustee may file a certification of non-response. The Court may deem the debtor's non-response to the motion and the creditors' failure to object or to affirmatively seek a hearing to be a waiver of the opportunity for a hearing on the motion to dismiss. The Court may thereafter enter an order 7

13 dismissing the case without a hearing. If a timely response, objection or request for a hearing is filed, the clerk will set the matter for hearing upon notice to all parties entitled to notice pursuant to F.R.Bankr.P. 2002(a), unless the Court orders otherwise. RULE Documentation at the Meeting of Creditors In cases under chapters 7, 12, and 13, and in individual cases under chapter 11, to the extent they are in the debtor s possession and are applicable to the case, the debtor shall have available at the meeting of creditors, neatly arranged, all of the following: (a) documents to support all entries on Schedule I, including wage stubs, tax returns, or other proof of earnings; (b) documents to support all entries on Schedule J, including canceled checks, paid bills, or other proof of expenses; (c) certificates of title (originals if available, otherwise copies) for titled assets, including vehicles, boats and mobile homes; (d) originals of bank books; check registers; bonds; stock certificates; bank, brokerage and credit card statements; (e) copies of leases, mortgages, deeds and land contracts; (f) copies of life insurance policies either owned by the debtor or insuring the debtor's life; (g) current property tax statements; (h) asset appraisals; (i) keys to non-exempt buildings and vehicles; (j) divorce judgments and property settlement agreements; and (k) in chapter 12 and chapter 13 cases, copies of casualty insurance policies. RULE Application Filed Pursuant to F.R.Bankr.P Any person who seeks to examine a debtor pursuant to F.R.Bankr.P shall contact the debtor's attorney for the purpose of arranging a mutually convenient date, time and place before filing an application pursuant to that Rule. The application shall affirmatively indicate that the proposed date, time and place for the examination, and documents to be produced, have been agreed upon by 8

14 all concerned. If the applicant is unable to confirm these matters with the debtor's attorney after making all reasonable efforts, an application for examination of the debtor may be filed, indicating specifically the efforts that were made, as well as the proposed date, time and place of the examination. RULE Application for Approval of the Employment of a Professional (a) An application for the approval of the employment of a professional shall include or be accompanied by a statement of the professional that the employment complies with Code 327(a). This statement shall also disclose all of the connections of the professional and associates of the professional with the debtor, creditors, or any other party in interest, their respective attorneys and accountants as required by F.R.Bankr.P The term "connection" as used herein is defined to include any family relationship as defined in Code 101(45). (b) A copy of the application shall be served on the United States trustee. If the United States trustee concurs, the concurrence shall be indicated by the signature of the United States trustee on the proposed order. If the United States trustee does not file an objection to the entry of the order within 5 days, the applicant may submit the order to the Court for entry. The order shall be deemed effective as of the date of the filing of the application, unless the Court orders otherwise. (c) Unless the trustee is also a creditor in the case, and unless the Court orders otherwise, whenever a chapter 7 panel trustee seeks to be appointed as trustee's attorney, an order appointing that person as attorney shall be deemed to have been entered without formal entry of a written order, effective upon the filing of the verified statement required by the last sentence in F.R.Bankr.P. 2014(a). (d) An application for the appointment of an auctioneer, appraiser, or real estate sales agent shall also contain a statement of the fee or commission proposed to be paid. With respect to the appointment of an auctioneer or an appraiser, the application shall further contain a statement as to the amount of expenses and the number of hours of labor anticipated. RULE Prohibited Conduct in Connection With the Appointment of an Attorney, Accountant, or Agent for Official Committees 9

15 Neither the debtor, nor an attorney or accountant for, or insider of, the debtor shall attempt directly or indirectly to influence the selection of attorneys, accountants, or other agents by any official committee. It shall be the affirmative duty of any member of the bar of the Court to inform the United States trustee in writing of any conduct in violation of this Rule. RULE Quarterly Income and Expense Statements in a Chapter 13 Case If the debtor in a chapter 13 case is engaged in business, the debtor shall within 30 days of the close of each calendar quarter, file a statement of that quarter's income and expenses, and serve a copy thereof upon the chapter 13 trustee. RULE Procedure Upon Chapter 13 Plan Completion When the trustee determines that the chapter 13 plan has been completed, the trustee shall file and serve a final report and account on all holders of allowed claims. The report shall state the allowed amount of each claim and the amount paid thereon. The report shall also inform creditors that: (a) They have 30 days to file an objection to the report and to the entry of a discharge, and if no objection is timely filed, a discharge will enter; and (b) The order of discharge will include findings that: (1) all allowed claims have been paid substantially in accordance with the plan, and (2) with respect to secured claims which continue beyond the term of the plan, any prepetition or post-petition defaults have been cured and such claims are in all respects current, with no escrow balance, late charges, costs or attorney fees owing. (c) The order of discharge will direct that: (1) such creditors who held secured claims which were fully paid shall execute and deliver to the debtor a release, termination statement, discharge of mortgage or other appropriate certificate suitable for recording; and (2) such creditors who hold secured claims which continue beyond the term of the plan shall take no action inconsistent with the above findings. 10

16 RULE Form and Content of an Application for the Award of Professional Fees and Expenses in a Case Under Chapters 7, 9, 11 and 12 (a) General Rule for Fee Applications of Attorneys and Accountants. In a case under chapters 7, 9, 11 or 12, an application of an attorney or an accountant for compensation pursuant to Code 330 or 331 shall contain the disclosures required by F.R.Bankr.P. 2016(a) and shall comply with the United States trustee fee guidelines in existence when this Rule is adopted or as later amended by the United States trustee to the extent such amendment is approved by the Court, unless the Court orders in a particular case that an attorney's or an accountant s application for compensation shall be filed pursuant to paragraph (b) or paragraph (c) of this Rule. (b) Form and Content of Attorney Fee Application. When the Court so orders in a case under chapters 7, 9, 11 or 12, an attorney's application for an award of compensation pursuant to Code 330 or 331 shall contain the disclosures required by F.R.Bankr.P. 2016(a), comply with the following subparagraphs (1)-(7) and include the exhibits described in subparagraphs (8)-(12). (1) State separately: (A) the total amount of compensation sought to be approved; (B) the amount of expenses sought to be approved; and (C) the balance of any retainer on deposit with the applicant that remains after the payment of prior fee awards. This statement shall be incorporated into the notice of the fee application sent to parties in interest. (2) Identify the time period during which the services for which the award is sought were rendered. (3) Provide a narrative summary explaining the services performed and how they benefitted the estate. (4) Unless unduly burdensome, with respect to each adversary proceeding or state or other federal litigation or administrative proceeding in which the applicant is or was involved, describe: (A) the nature of the action instituted; 11

17 (B) the relief requested; (C) the dollar amount directly or indirectly involved; (D) the issues, both factual and legal, in sufficient detail to permit the Court to evaluate the problems confronting the attorney; and (E) the results obtained since the prior fee application, if any. (5) Describe the current status of the bankruptcy case and the nature of any legal services to be rendered in the future. (6) Identify each specific instance in which an award is sought for the services of more than one attorney and paralegal and the justification for each such specific instance. (7) State the amount of compensation sought in prior applications in the case by the applicant, and the Court's disposition of each application. (8) Exhibit A shall be a copy of the order approving the employment of the applicant. (9) Exhibit B shall be a summary statement of the number of hours of service rendered by each attorney and paralegal and the hourly rate of each. (10) Exhibit C shall be an itemized time record, in chronological order, of each specific service for which an award of compensation is sought. This itemized time record shall: (A) state the date each service was rendered; (B) identify the attorney(s) and paralegal(s) who performed the service; (C) describe with particularity the services rendered; and (D) state the time spent performing the service in increments of tenths of an hour. (11) Exhibit D shall be a brief biographical statement of the professional experience of each attorney for whom an award of compensation is sought. (12) Exhibit E shall be an itemized statement of expenses for which a reimbursement is sought. All such expenses shall be disclosed in detail. An application for reimbursement of expenses must list each expense, its date, and a description of the nature and purpose of the expense. For example, requests for mileage must include the date, destination, miles, per mile rate, and the reason for the trip. (c) Form and Content of Accountant Fee Application. When the Court so orders in a case under chapters 7, 9, 11 or 12, an accountant's application for an award of compensation pursuant to 12

18 Code 330 or 331 shall contain the disclosures required by F.R.Bankr.P. 2016(a), comply with the following subparagraphs (1)-(5) and include the exhibits described in subparagraphs (6)-(10). (1) State separately: (A) the total amount of compensation sought to be approved; (B) the amount of expenses sought to be approved; and (C) the balance of any retainer on deposit with the applicant that remains after the payment of prior fee awards. This statement shall be incorporated into the notice of the fee application sent to parties in interest. (2) Identify the time period during which the services for which the award is sought were rendered. (3) Provide a narrative summary explaining the services performed and how they benefitted the estate. (4) Identify each specific instance in which an award is sought for the services of more than one accountant and the justification for each such specific instance. (5) State the amount of accountant fees sought in prior applications in the case by the applicant and the Court's disposition of each application. (6) Exhibit A shall be a copy of the order approving the employment of the applicant. (7) Exhibit B shall be a summary statement of the number of hours of services rendered by each accountant and the hourly rate of each. (8) Exhibit C shall be an itemized time record, in chronological order, of each specific service for which an award of compensation is sought. This itemized time record shall: (A) state the date each service was rendered; (B) identify the accountant(s) who performed the service; (C) describe with particularity the services rendered; and (D) state the time spent performing the service in increments of tenths of an hour. (9) Exhibit D shall be a brief biographical statement of the professional experience of each accountant for whom an award of compensation is sought. (10) Exhibit E shall be an itemized statement of expenses for which reimbursement is sought. 13

19 All expenses for which reimbursement is sought shall be disclosed in detail. (d) Form and Content of Other Professional's and of Chapter 7 Trustee's Application for Compensation and Reimbursement. In addition to the requirements of F.R.Bankr.P. 2016(a), an application for compensation and reimbursement of expenses of a chapter 7 trustee or of a professional other than one addressed in paragraphs (a)-(c) above (e.g., an appraiser, auctioneer, real and/or personal property sales broker, investment advisor, and consultant), shall set forth sufficient facts for the Court to determine reasonable compensation under Code 330, including the compensation requested and the manner by which it was computed, the nature of the expense, the date incurred, and the reason incurred. Vouchers and invoices shall be made available for review by the United States trustee. RULE Form and Content of an Application for Attorney's Fees and Expenses in a Chapter 13 Case (a) In a chapter 13 case, attorney fees and expenses for legal services rendered by counsel for the debtor prior to and including the confirmation of the first confirmed plan may be awarded in the Order Confirming Plan at the time of confirmation or by application which shall comply with F.R.Bankr.P. 2016(a) and shall: (b) (1) summarily describe the services rendered and the benefits achieved; and (2) attach an exhibit containing an itemized time record in chronological order of each specific service for which an award of compensation is sought. This exhibit shall: (A) state the date each service was rendered; (B) identify the attorney(s) and paralegal(s) who performed the service; (C) describe with particularity the services rendered; and (D) state the time spent performing the service in increments of tenths of an hour. An application for allowance of compensation and reimbursement of expenses to counsel for the debtor for services rendered post-confirmation shall be consecutively numbered (i.e., the first application shall be entitled "First Application for...," the second should be entitled "Second Application for... " and so on), shall comply with F.R.Bankr.P. 2016(a), and in addition shall: (1) state separately the total amount of fees and expenses previously approved, including for services performed pre-confirmation, and the dates each such award was rendered; (2) identify the time period during which the services for which the award is sought were rendered; 14

20 (3) summarily describe the services rendered and the benefits achieved; and (4) attach an exhibit containing an itemized time record in chronological order of each specific service for which an award of compensation is sought. This exhibit shall: (A) state the date each service was rendered; (B) identify the attorney(s) and paralegal(s) who performed the service; (C) describe with particularity the services rendered; and (D) state the time spent performing the service in increments of tenths of an hour. (c) An application that seeks allowance of fees and expenses totaling $ or less may be presented ex parte if it has the endorsed approval of the debtor and the chapter 13 trustee. If the application lacks the endorsements, the applicant shall utilize Rule but notice may be sent only to the trustee and the debtor. The debtor's endorsement shall state as follows: I, the debtor, understand that: (1) I do not have to sign this document unless I agree with it; (2) I signed this document on the date stated below; (3) When I signed this document, all the blanks were filled in; (4) I agree that the fees and expenses requested should be allowed. Date signed: Debtor signature: RULE Intervention When the Court has issued an order allowing any interested party to intervene in a case, it shall be the duty of the intervening party to request the clerk to add its name to the matrix for the case. The intervening party may also request of the clerk copies of prior pleadings, which shall be provided at the cost set by the Judicial Conference of the United States. RULE Tax Returns in a Chapter 13 Case (a) No less than 30 days before the first scheduled date for the confirmation hearing, the debtor in a chapter 13 case shall promptly file with the appropriate taxing authorities any due but unfiled tax returns. When the tax return is so filed, the debtor shall file with the clerk and serve on the trustee 15

21 a notice of the filing of the tardy return, and serve a copy of the return on the chapter 13 trustee and if a federal return, on the Internal Revenue Service District Special Procedures Branch. If the tardy returns are not timely filed under this Rule, the automatic stay shall be deemed lifted as to the taxing authorities involved, and such fact shall be grounds for other appropriate relief. (b) A failure to have complied with the requirements of paragraph (a) above shall be grounds to dismiss a case. RULE Secured Claims Which Are Not Modified by a Chapter 13 Plan The holder of a type of claim governed by Code 1322(b)(5) or (b)(7) shall serve the trustee, the debtor and the debtor's counsel, if any, with a statement of the increase or decrease of periodic payments prior to the effective date of the adjustment of the payment amount. RULE Chapter 13 Proof of Claim (a) Filing and Serving. In a chapter 13 case, a proof of claim shall be filed in duplicate (i.e.: an original and a copy). The clerk shall time stamp the copy and transmit it to the chapter 13 trustee. The claimant shall serve a copy of the proof of claim upon the debtor's counsel (or the debtor if unrepresented by counsel), and shall promptly file a proof of service. Failure to serve the proof of claim as provided herein may be grounds for disallowance of the claim and the imposition of costs to any party prejudiced thereby. (b) Objection to Claim. The procedure for objecting to a claim is governed by Rule

22 RULE Deadline for Filing a Proof of Claim or Equity Security Interest in a Chapter 11 Case Unless the Court orders otherwise in a particular case, the deadline for filing a required proof of claim or equity interest in a chapter 11 case shall be 90 days after the first date set for the meeting of creditors called pursuant to Code 341(a). RULE Objection to Claim (a) A party objecting to a claim shall obtain a date and time for the hearing on the objection from the judge's scheduling clerk. (b) A party objecting to a claim shall serve the objection to claim and a notice of hearing in a form consistent with the form notice available from the clerk, and shall promptly file a proof of such service. (c) A creditor whose proof of claim is subject to an objection shall file and serve on the objecting party a written response to the objection not later than 10 days before the date set for the hearing on the objection. If a response is not filed and served, the Court may deem that the creditor consents to the relief requested in the objection, in which event the hearing will be canceled. RULE Classification in a Chapter 11 Plan Unless unduly burdensome due to the large number involved, the plan shall identify by name the entities who hold a claim or equity interest within each class and the amount of each entity's claim or equity interest within each class. Specific identification shall not be required for convenience classes or for a class of unsecured nonpriority claims when there is only one such class. RULE The Chapter 13 Plan (a) In addition to the requirements of Code 1322(a), a plan shall contain: (1) a statement of the value of each item of encumbered property; (2) the time within which the debtor proposes to cure any default on any secured claim; (3) a direction to the trustee to either assume or reject any executory contracts or unexpired leases; and if the plan proposes an assumption of such a contract or lease which is in default, then a statement as to the method and time to cure the default and an explanation of how to 17

23 (b) satisfy each of the other Code 365(b) requirements for assumption of a defaulted contract or lease; (4) a method by which the trustee can determine the point at which the plan is completed; (5) a statement of the order in which claims are to be paid; (6) a statement of the rate of interest to be paid with respect to each secured claim, articulated as a number and not in formula fashion; (7) a statement of whether all tax returns due have been filed, and if not, which returns were not filed; (8) a statement of whether debtor, if self-employed, incurs trade credit; and (9) if the plan provides for the payment of a claim governed by Code 1322(b)(5) or (b)(7)-- (A) a provision that payments on such claim shall be adjusted by the trustee to account for fluctuations in tax, insurance, interest or other contract provisions, when the holder of such claim serves the trustee, debtor and debtor's counsel with a notice of such increase or decrease and the effective date for same; and (B) a provision that the Plan payments required to be made by the debtor to the trustee and the associated trustee commission shall automatically be modified to correspond to payment increases or decreases on such claims that are disclosed in accordance with Rule Attached to every plan or modification thereof shall be the following documents: (1) an analysis of what creditors would receive if the case were a chapter 7 case; (2) a worksheet on a form available from the clerk, illustrating the anticipated dividend to unsecured creditors if the plan is successfully performed. 18

24 RULE Modification of Plan in a Chapter 13 Case (a) Pre-Confirmation Modification of Plan. (1) In a chapter 13 case, a pre-confirmation modification to a proposed plan that does not materially and adversely affect any party in interest may be incorporated in the order confirming the plan. (2) A pre-confirmation modification to a proposed plan that materially and adversely affects any party in interest: (A) may be incorporated in the order confirming the plan that is executed by the adversely affected party; or in the alternative, (B) shall be incorporated into a completely restated plan that shall be dated and identified as "First Modified Plan," "Second Modified Plan," etc., as the case may be. The debtor shall serve a copy of the modified plan upon all creditors and parties in interest that are adversely affected by the modification, and promptly file proof of such service. (3) All amended schedules that are necessary for confirmation of a modified plan shall be filed prior to confirmation or contemporaneously with a modified plan. (b) Post-Confirmation Modification of Plan. The party requesting the modification of a confirmed plan shall provide for the service required by F.R.Bankr.P. 3015(g). The modification shall become effective when the proponent serves the trustee with a certification that no objections were filed or an order overruling the objection. (c) Payment of a Code 1305(a) Post-Petition Claim. (1) The debtor shall serve a notice of the filing of a Code 1305(a) post-petition claim upon all creditors whose claims are allowed. The notice shall state the name of the post-petition creditor; the amount of the claim; the nature of the debt; the impact the claim, if allowed, would have upon disbursements to other creditors; and the following procedural information: "If no objection to paying the post-petition claim as provided for in the plan is filed within 15 days, the trustee may pay the claim in the manner provided in the plan. If you have any objection to the claim itself or to the effect payment of the claim will have on your dividend, then you must file a written 19

25 objection within 15 days or the objection will be deemed waived." The debtor shall promptly file a proof of service of such notice. (2) The chapter 13 trustee may disburse payments to the creditor with the post-petition claim commencing 19 days after the notice is served, provided that no party in interest has filed an objection. If an objection is timely filed, a hearing thereon will be scheduled. RULE Confirmation of Chapter 13 Plan (a) Objection To Confirmation of Plan. (1) In a chapter 13 case, an objection to the confirmation of the plan shall be filed within the time period designated by the clerk in the notice of the first meeting of creditors. The objecting party shall promptly serve a copy of the objection on the debtor's counsel and if a creditor, also promptly serve a copy of the objection on the trustee. The objector shall also promptly file a proof of service. (2) One who fails to file and serve an objection to confirmation may be deemed to have consented to confirmation of the plan, and if the holder of a secured claim, may be deemed to have accepted the plan for purposes of Code 1325(a)(5)(A). (3) A secured creditor who disputes the value ascribed to collateral which the debtor proposes to retain under the terms of the plan, shall file an objection to confirmation of the plan. The debtor shall forthwith make the collateral available to the creditor for examination and appraisal. The resulting hearing pursuant to F.R.Bankr.P shall be conducted as part of the plan confirmation hearing. (4) An objection to the confirmation of a modified plan shall be filed not later than 25 days after service of the modified plan. A copy of the objection shall be served by the objecting party upon the trustee and the debtor's counsel. The objecting party shall also promptly file a proof of service. (5) Unless announced on the record at the confirmation hearing, a withdrawal of an objection to confirmation of a plan must be evidenced by a written withdrawal by the objector or by endorsement of the order confirming the plan. 20

26 (b) Hearing on Confirmation of Plan. (1) Neither the debtor nor debtor's counsel need appear at the confirmation hearing if an objection to confirmation of the plan has not been timely filed, (or if filed, has been withdrawn); and the chapter 13 trustee has approved the order confirming the plan. (2) If the Court declines to confirm the plan, or if a party in interest appears at the confirmation hearing and is permitted for cause to lodge an untimely objection, the Court shall reschedule the hearing with notice to the debtor, debtor's counsel, the trustee, and the objecting creditor. RULE Obtaining Approval of Disclosure Statement (a) The filing of a disclosure statement shall be deemed to include a motion for its approval, to which Rule applies. (b) When a disclosure statement is filed, the clerk will deliver to the proponent a form of notice which the movant shall timely serve upon all parties entitled to notice pursuant to F.R.Bankr.P. 2002(b). In addition, the proponent shall serve a copy of the disclosure statement and the notice upon the United States trustee and upon the chairperson and counsel for each official committee and shall file a proof of service of each of the foregoing. (c) Upon a certification by the movant that no objection to the approval of the disclosure statement or request for a hearing was timely served, the Court may enter an order approving the disclosure statement without a hearing. RULE Duties of Proponent of Plan After Approval of Disclosure Statement (a) Southern Division at Detroit. For chapter 11 cases filed in the Southern Division at Detroit, within 5 days after the entry of the order approving the disclosure statement, the plan proponent shall cause that order, the plan, the disclosure statement, any statement approved by the Court pursuant to F.R.Bankr.P. 3017(d), and a ballot to be mailed to whomever is entitled by law to service, and shall promptly file a proof of service. Ballots shall be returned to the attorney for the plan proponent, who shall submit to the Court for filing at the confirmation hearing a verified summary of the ballot count under 11 U.S.C. 1126(c) & (d), with all original ballots attached. 21

27 (b) Southern Division at Flint and Northern Division. For chapter 11 cases in the Southern Division at Flint and the Northern Division, the plan proponent shall cause a disinterested noticing service, whether or not previously designated, to serve the plan, the disclosure statement, any statement approved by the Court pursuant to F.R.Bankr.P. 3017(d), and a ballot upon whomever is entitled by law to service. The noticing service shall promptly file a proof of service together with an affidavit of disinterestedness. All completed ballots shall be delivered to the clerk or, in an appropriate case, to a tabulation service designated by the clerk. RULE Proofs at an Uncontested Confirmation Hearing in Chapter 11 Cases At the hearing on the confirmation of a chapter 11 plan, if no objection to confirmation has been filed, and no class of claims or equity interests has rejected the plan, upon consent of all parties present, the Court may dispense with an evidentiary hearing and, based on the lack of objection and the consents, find that each of the elements necessary for confirmation pursuant to Code 1129(a) has been established. RULE Claims To Be Paid by the Chapter 13 Trustee In a chapter 13 case, all claims shall be paid by and through the chapter 13 trustee unless the debtor sets forth in the plan the justification for remitting payment of a claim directly to the creditor. If there is a timely objection to such a plan provision, it shall be heard at the confirmation hearing. RULE Motion for Relief from the Stay (a) Parties to be Served. A motion for relief from the stay shall be served on the debtor, the debtor's counsel, the trustee, the trustee's counsel if appointed, any official committees and their counsel if appointed, and, if applicable, upon any other parties asserting an interest in the property. (b) Contents of Such a Motion. If applicable, the motion shall state the names and purported interests of all parties known, or discoverable upon reasonable investigation, to claim an interest in the property in question and shall identify the property, and state the amount of the outstanding indebtedness and the fair market value of the property. The motion shall be accompanied by a legible and complete copy of all relevant loan and security agreements and evidence of perfection, unless 22

28 such documents are voluminous. A copy of any prior orders of the Court upon which the motion relies shall be attached. A motion for relief from the stay shall be so entitled. RULE Motion for Use of Cash Collateral or to Obtain Credit (a) A motion for use of cash collateral under Code 363(c)(2) or to obtain credit under Code 364(c) or (d) shall explicitly state the adequate protection offered the creditor and shall aver the moving party's position as to the value of each of the secured interests to be protected. Appraisals and projections, to the extent pertinent, are to be summarized in the motion. (b) If a debtor files a motion for the entry of an order approving an agreement for the use of cash collateral or to obtain credit on an expedited basis, the Court may enter the order without a hearing if: (1) the order is approved by all creditors who may have an interest in the cash collateral to be used or credit to be extended, by the chairperson or attorney for each official committee and by the United States trustee; (2) the order provides for the debtor to use cash collateral or to obtain credit in a maximum specified dollar amount necessary to avoid immediate and irreparable harm only until the earlier of a final hearing or the order becoming a final order; (3) the order provides for a final hearing, the date and time for which shall be filled in by the Court when the order is entered; (4) the order provides that the debtor shall, within 24 hours of its entry, serve a copy of the motion with its attachments and the order upon all parties who are required to be served under F.R.Bankr.P. 4001(d); (5) the order provides: (A) that objections to the order must be filed within 15 days from the entry of the order, except that an official committee may file objections within 15 days of its formation; (B) that upon the filing of an objection, the final hearing shall be held; and (C) that if no objections are timely filed, the order may become a final order; and (6) the motion is accompanied by an affidavit or a declaration of the debtor or a principal of 23